76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 728
 
                         House Bill 2040
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Commissioner of the Bureau
  of Labor and Industries Brad Avakian)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that unpaid wages requested by employee to be mailed
to employee after discharge or termination must be mailed by
certified mail. Modifies length of time unclaimed wages collected
by Bureau of Labor and Industries must be held before wages are
forfeited to state. Makes certain legal summaries available to
employers from website of bureau or from bureau upon request.
 
                        A BILL FOR AN ACT
Relating to the regulation of employment; amending ORS 652.140,
  652.405 and 653.050.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.140 is amended to read:
  652.140. (1) When an employer discharges an employee or when
employment is terminated by mutual agreement, all wages earned
and unpaid at the time of the discharge or termination become due
and payable not later than the end of the first business day
after the discharge or termination.
  (2)(a) When an employee who does not have a contract for a
definite period quits employment, all wages earned and unpaid at
the time of quitting become due and payable immediately if the
employee has given to the employer not less than 48 hours'
notice, excluding Saturdays, Sundays and holidays, of intention
to quit employment.
  (b) Except as provided in paragraph (c) of this subsection, if
the employee has not given to the employer the notice described
in paragraph (a) of this subsection, the wages become due and
payable within five days, excluding Saturdays, Sundays and
holidays, after the employee has quit, or at the next regularly
scheduled payday after the employee has quit, whichever event
first occurs.
  (c) If the employee has not given to the employer the notice
described in paragraph (a) of this subsection and if the employee
is regularly required to submit time records to the employer to
enable the employer to determine the wages due the employee,
within five days after the employee has quit the employer shall
pay the employee the wages the employer estimates are due and
payable. Within five days after the employee has submitted the
time records, all wages earned and unpaid become due and payable.
 
  (3) For the purpose of this section, if employment termination
occurs on a Saturday, Sunday or holiday, all wages earned and
unpaid shall be paid no later than the end of the first business
day after the employment termination, except that if the
employment is related to activities authorized under ORS chapter
565, all wages earned and unpaid shall be paid no later than the
end of the second business day after the employment termination.
  (4)  { + If an employee requests that the employer mail the
employee's earned and unpaid wages, + } the employer shall
 { - forward such wages by mail - }   { + mail the wages by
certified mail, return receipt requested, + } to any address
designated by the employee   { - if the employee requests the
employer so to do - } . An employer may deposit such wages
without discount in the employee's account in a financial
institution, as defined in ORS 706.008, in this state, provided
the employee and the employer have agreed to such deposit.
  (5) This section does not apply to employment for which a
collective bargaining agreement otherwise provides for the
payment of wages upon termination of employment.
  (6) When a termination of employment results from the sale of a
business or business property and the purchaser employs or
continues the employment of an individual employed at the
business, this section does not apply to the payment to such an
individual of wages for earned but unused accrued holiday leave,
sick leave, vacation leave or other leave benefits payable upon
termination of employment pursuant to a collective bargaining or
other employment agreement or employer policy, if the following
conditions are met:
  (a) On the first day of such an individual's continued
employment the purchaser of the business credits the individual
with all such earned but unused accrued leave; and
  (b) The leave, when used, is paid at a rate not less than the
rate at which the leave was earned or, if paid at a lesser rate,
the number of hours credited is increased to compensate the
individual for any difference.
  SECTION 2. ORS 652.405 is amended to read:
  652.405. (1) The Commissioner of the Bureau of Labor and
Industries shall attempt for a period of not less than
 { - seven - }  { +  three + } years to make payment of wages
collected under ORS 652.310 to 652.414 to the person entitled
thereto.
  (2) Wages collected by the commissioner under ORS 652.310 to
652.414 and remaining unclaimed for a period of more than
 { - seven - }  { + three + } years from the date of collection
shall,   { - within 30 days after June - }  { +  by July + } 30
of each year, be forfeited to the state and shall be paid by the
commissioner to the Department of State Lands for the benefit of
the Common School Fund of this state. The department shall issue
a receipt for the money to the commissioner. The person entitled
to the wages or the person's heirs or personal representatives
may reclaim the wages paid into the Common School Fund pursuant
to this section within the time and in the manner provided for
estates which have escheated to the state.
  SECTION 3. ORS 653.050 is amended to read:
  653.050. Every employer required by ORS 653.025 or by any
rules, orders or permit issued under ORS 653.030 or 653.261 to
pay a minimum wage to any of the employer's employees shall keep
summaries of ORS 653.010 to 653.261, summaries of all rules
promulgated by the Commissioner of the Bureau of Labor and
Industries pursuant to ORS 653.010 to 653.261 and summaries of
all rules promulgated by the Wage and Hour Commission posted in a
conspicuous and accessible place in or about the premises where
  { - such - }   { + the + } employees are employed. Employers
 { + may obtain the summaries from the website of the Bureau of
Labor and Industries or upon request from the bureau, the first
copy of which + } shall be furnished   { - copies of these
summaries by the commissioner - }  without charge. In addition,
upon request, the   { - commissioner - }   { + bureau + } shall
furnish the complete text of all rules promulgated pursuant to
ORS 653.010 to 653.261 and by the Wage and Hour Commission to any
employer without charge.
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